RULE: 2.4 - TRANSPORTATION SERVICE LIMITATIONS/SUBSTITUTION SERVICES Eff: 08JAN2018
| Effective | 08JAN2018 |
|---|---|
| Filed | 08JAN2018 |
| Filing Codes | IC |
a. Except as otherwise specifically provided in the Rules of this Tariff
or in individual NRAs, rates named in NRAs applying from, to or
through the U.S. or foreign Ports named in Rules 1.1 and 1.3 do NOT
include lighterage, terminal handling, wharfage, taxes, duties, dues,
customs charges or any other assessorial charges or assessments
which have been established by custom of the Port, by Port Operators
or Authorities or by national Customs Services (Except as otherwise
provided in Rules 1.2 and 1.4). All such assessorial charges
assessed against the cargo will be for the account of the Cargo,
even if the Carrier is responsible for the collection thereof.
b. Carrier is NOT obligated to transport cargo in any particular
container or type of container or equipment (except as specified in
an individual NRA, or in conformity with Rule 16), or (except as
otherwise provided in Rule 2.4) via any particular vessel, ocean,
water, rail, motor or air carrier, or in time for any particular
market or otherwise than with reasonable dispatch and due diligence.
Except as otherwise provided in Rule 2.4 or in an individual NRA,
selection of any underlying or inland carrier to be used for any
portion of the through transportation of cargo shall be at the sole
discretion of the Carrier.
c. Carrier reserves the right to load and transport any
single shipment in more than 1 (one) container when
required by governmental regulations, for operation
exigencies or for any other reason whatsoever.
Additionally Carrier reserves the right to effect
whatever splitting or consolidation of cargo it deems
most advantageous in order to make the most efficient
use of its equipment. Further Carrier expressly
reserves the right, at its sole discretion, for any
reason whatsoever and without notice, to transfer cargo
in its possession from 1 (one) container to another, to
transship cargo from 1 (one) vessel to another and/or to
substitute 1 (one) mode of transportation for another at
any point in, or for any portion of, the through
transportation service provided by the Carrier. Any
such transfer, transshipment, movement or substitution
of service shall be deemed to be within the contract of
affreightment and shall NOT be considered a deviation
therefrom.
d. Carrier reserves the right to substitute rail or motor carrier
equipment for ocean carrier equipment during all or any part of the
inland portion of a through intermodal transportation service
provided under any NRA. Except as otherwise provided in an
individual NRA (and then ONLY at Shipper's option) substitution of
equipment will NOT affect the rates or charges assessed for
transportation service, NOR shall it affect the Carrier's liability
or responsibilities to the Shipper or Consignee. Transfer, loading
or other charges incurred for such substituted equipment service
shall NOT be assessed against either the cargo, the Shipper or the
Consignee, but shall be paid by the Carrier.
e. Except when advertising matter and premiums are shipped
in the same package with the commodity it advertises,
any package containing more than 1 (one) commodity will
be rated on the basis of the highest rated article in
the package.
f. Rates named in NRAs apply ONLY to the specific commodity(s) named and
CANNOT be applied to analogous commodities. Further, unless a rate
specifically names a particular commodity, the Generic, N.O.S. or
the Cargo, N.O.S. rate named in Carrier's regular Rate Tariff will
apply.
g. The rates named in each NRA apply on straight or mixed shipments of
the commodities named therein unless otherwise specifically restricted.
h. Whenever a rate is provided for a specific commodity, the same rate
will also apply on parts of such a commodity where so described in
the B/L, EXCEPT and unless a specific rate is provided for such parts
in an another applicable NRA to which the Shipper is a signatory.
i. RATES PUBLISHED TO APPLY VIA SPECIFIC UNDERLYING VOCCS
OR CO-LOADED VIA SPECIFIC NVOCCS:
Except as otherwise provided in an individual NRA, all shipments will
be transported via Carrier's Regular Transit Service defined in Rule
2.1. When rates named in any NRA are published to apply via a
specifically named underlying VOCC or co-loaded with with a
specifically named NVOCC, the following will apply:
1. When different rates applying on the same commodity, from and to
the same ports/points are published in any NRA and the application
of the rates are based on different underlying VOCC/NVOCC services,
selection of the underlying VOCC/NVOCC, and the related rate
level, will be strictly at the Shipper's option. Shipper MUST
specify the underlying VOCC/NVOCC Service desired at the time
cargo is booked with the Carrier, either orally or in writing.
Or Shipper may provide standing instructions for the use of
specific underlying VOCC/NVOCC with Carrier. If Shipper fails or
declines to specify a particular underlying VOCC/NVOCC and/or
Service Level, Carrier shall be free to select the carrier and/or
service level used for transportation that is consistent with
Carrier's obligation as a common Carrier to provide
transportation service under the terms and conditions of its
Rules and Rate Tariffs and Carrier's B/L; in such cases Freight
Charges shall be assessed pursuant to paragraph 1.iii of this
Rule.
ii. Shipper's selection of an underlying VOCC/NVOCC shall be
considered paramount and Carrier may NOT and will NOT alter
Shipper's instructions or the underlying VOCC/NVOCC rate level
selected, EXCEPT in the following instances:
A. If Carrier forwards a shipment via a different
underlying VOCC/NVOCC than specified in error, Shipper
shall be assessed freight charges based on the
underlying VOCC/NVOCC Service level Shipper actually
selected or the freight charges applicable to the
underlying VOCC/NVOCC Service actually provided,
whichever is lower.
B. If due to an error or omission on Shipper's part,
cargo is held at Carrier's Terminal or Container
Yard and is not forwarded on the first available
sailing for the underlying VOCC/NVOCC Service selected,
Carrier will give the Shipper the option of
waiting until the next sailing for the underlying
VOCC/NVOCC selected or of changing the Transit Service
status of the shipment. If Shipper decides to
change the underlying VOCC/NVOCC service selected,
freight charges shall be assessed on the basis of
the underlying VOCC/NVOCC via which the shipment
actually moves. In either case all charges for
storage, container shifting or reloading or
shipment return, incurred as a result of Shipper's
error or ommission shall be for the account of the
Shipper.
iii. APPLICATION OF RATES WHEN SHIPPER DECLINES TO SPECIFY AN
UNDERLYING VOCC SERVICE:
A. When Carrier provides both an applicable rate in an NRA
which applies via a specified underlying VOCC/NVOCC
Service and an applicable rate via Carriers' Regular
Transit Service (i.e. any rate that does NOT specify
application via a particular underlying VOCC/NVOCC), the
rate applying via Carrier's Regular Transit Service shall
be assessed, regardless of the underlying VOCC/NVOCC
Service actually utilized to transport the shipment;
B. When Carrier provides 2 (two) or more applicable rates in
an NRA which apply via different underlying VOCCs/NVOCCs
and has NOT provided a rate for Carrier's Regular Transit
Service, the lowest rate applicable via a specific underlying
VOCC/NVOCC will be assessed, regardless of the underlying
VOCC/NVOCC Service actually utilized to transport the
shipment.
j. Nothing in this Tariff shall be construed as requiring Demo Tariff Lines, Inc.
to transport cargo or furnish
service for which is does not have, or cannot obtain, suitable
or sufficient transporting containers or equipment, nor to
accept cargo when underlying vessel-operating-common-carrier or
inland carrier services are NOT available. Further nothing in
this Tariff shall be construed as creating any obligation for
Demo Tariff Lines, Inc. to institute or
maintain any service from or to any port or point where it is
impractical, unsafe or unlawful to operate transportation
services or if strikes, labor disturbances, civil commotion,
military actions, or riots are occurring at the time shipment
is tendered or delivered.
